Shortfall In Pensionable Service Caused By State's Delay In Absorption Can't Defeat Pension Claim : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the delay by the State in absorbing an employee cannot be used to deny pension benefits if such delay alone causes shortfall in qualifying service. Background Facts The petitioner was appointed in the Calcutta Homeopathic Medical College and Hospital on...

Police Cannot Compel Citizens Or Public Servants To Help Them: Bombay High Court Quashes FIR U/S 188 IPC

The Aurangabad bench of the Bombay High Court recently flagged the 'unfortunate mentality' of the Police Department in the State that everybody must give preference to the work directed by the police or must help the police. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh in its order said the police officers cannot make it compulsory for any citizen or public servant to...

Appointment Of Arbitrator As 'Observer' In Another Matter Does Not Render Him Ineligible Under 5th & 7th Schedule Of A&C Act: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh has held that the appointment of an arbitrator as an observer in a matter unrelated to the arbitration dispute does not constitute de facto or de jure ineligibility under the Fifth or Seventh Schedules of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Consequently, the arbitrator's mandate cannot be terminated on this...

Mere Discovery Of Drugs In Transparent Bag Doesn't Prove That Contraband Was Planted By Police: Punjab & Haryana High Court

If an accused sets up a claim of his false implication on the ground that no sensible person would carry contraband in a transparent bag on the logic that such visibility makes detection certain and thus defies common sense, then at the same time, this very logic must also apply to the police, said the Punjab & Haryana High Court.While refusing bail under NDPS Act involving...

'I Want My Fundamental Right On MG Road' : Kerala High Court Directs Authorities To Keep Cochin City Ready To Face Monsoon

While hearing a Writ Petition, the Kerala High Court on Tuesday (May 20) emphasised on the importance of preparing the city of Ernakulam for the onset of the monsoon season.The Court noted that the onset of monsoon in Kerala presents a unique situation when inundation is expected.The Court also highlighted the importance of the restoration of footpaths in Ernakulam City, especially those in...

High Court Dismisses Pleas Challenging Summoning Orders In Land Scam Case Involving Ex-Haryana CM Bhupendra Singh Hooda

The Punjab and Haryana High Court has dismissed a series of petitions challenging the summoning orders issued in the high-profile Manesar land scam case, which involves former Haryana Chief Minister Bhupendra Singh Hooda. The petitions were filed by various accused seeking relief from the criminal proceedings initiated by a special CBI court. The trial against Hooda, bureaucrats, and...

Deputy Commissioner Has No Expertise To Inspect Nursing Institutes, Can Be Done Only By Specialised Agencies: Karnataka High Court

The Karnataka High Court has set aside a November 5, 2024 communication issued by the Principal Secretary, Family and Welfare Department, directing Deputy Commissioners of all the districts in the State to carry out inspection of Nursing Institutions situated within their jurisdiction. Justice Suraj Govindaraj held thus while allowing the petition filed by Karnataka State Private...

Allahabad HC Recalls Direction To Bank Of Baroda To Compensate Auction Purchaser Over Its 'Arbitrary' Action

The Allahabad High Court last week recalled its direction to Bank of Baroda to compensate the successful bidder (the auction purchaser) for its alleged 'arbitrary' action to return the auctioned property to the defaulting borrower (the original borrower), despite accepting the earnest money from the bidder. For context, on April 9, the court passed this order while dealing with a...

Newslaundry Women Employees File Defamation Suit Against Abhijit Iyer Mitra In Delhi High Court Over Alleged Abusive Tweets

Nine women employees of digital news platform Newslaundry have filed a defamation suit in the Delhi High Court against Abhijit Iyer Mitra alleging that he had posted sexually abusive social media posts against them on X.The defamation suit seeks a public apology from Mitra and Rs. 2 crore as damages and compensation for the alleged defamation.In the interim, the suit seeks take down or removal...

Greater Latitude Must Be Given To Military Posts Compared To Civilian Posts: Delhi High Court In CRPF Personnel's Plea Against Posting

The Delhi High Court recently observed that a greater degree of latitude has to be necessarily accorded to paramilitary and Armed Forces in cases relating to transfer of personnel.The observation was made while hearing a petition filed by a CRPF personnel, challenging his transfer to Arunachal Pradesh after he had served at Jammu & Kashmir for three years.The petitioner's case was...

Intent Of S.11(6) Of Arbitration Act Is Not To Confer Jurisdiction On Courts Incompetent To Entertain Such Applications: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has held that the intent of Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be interpreted to confer jurisdiction on a court that is otherwise incompetent to entertain an application under this provision. Brief Facts: The present petitions arise from two Home Loan Agreements dated 31.03.2018...

[Rent Control Act] In Eviction Suits, Licensee Can't Lead Evidence Contrary To Leave & License Agreement Even If It Is Unwritten: Bombay High Court

The Bombay High Court has explained the scope of Section 24 (b) read with Section 43(4) Of Maharashtra Rent Control Act, 1999.The Bench of Justice Madhav J. Jamdar observed that “The presumption under clause (b) of explanation to Section 24 of the Maharashtra Rent Act is applicable only when an Application for eviction is filed relating to the premises given on licence for residence. In...